We discuss the issue of the Section 1 warning relative to these three offences in more detail below. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.1A) A notice required by this section to be served on any person may be served on that person(a) by delivering it to him;(b) by addressing it to him and leaving it at his last known address; or(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. If you have only received a Notice of Intended Prosecution, you need to wait and see if you are prosecuted. Have you recently been issued with a notice of intended prosecution? In such cases a written warning must, subject to certain exceptions, be issued within 14 days. WebThe police must serve the notice on either the driver or the registered keeper. States also receive higher Federal matching rates for certain administrative activities such as systems improvements, redesign, or operations. But dont take our word for it. However there IS a legal obligation to respond to a requirement to identify the driver. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988which provides: (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and placewhere it is alleged to have been committed, was(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.1A) A notice required by this section to be served on any person may be served on that person(a) by delivering it to him;(b) by addressing it to him and leaving it at his last known address; or(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. These records are based upon the address recorded document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Civil Litigation Criminal Defence Discrimination Employment Disputes Family Law Immigration Landlord & Tenant Wills & Probate, 020 3795 9020 info@lgbtlawyers.co.uk 39 Church Road, Hove BN3 2BE, About UsMeet The TeamRegulatory Information. The warning at the time does not require a specific form of wording so long as the meaning is clear. Back Pain After a Car Accident: What It Could Be, How to Prepare a Claim for Work-Related Stress. Third, the registered keeper then has 28 days to respond, identifying the driver. When you receive a notice, it does not mean the prosecution will necessarily happen. that there are exceptions to this rule. Assaulted at Work by a Resident: Who is to Blame? Also, please see my website pragmalaw.co.uk. It is important to note that there are exceptions to this rule. All Rights Reserved. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. This is most common in speed camera cases and is a result of how the system works. The main exception is if there is an accident. Please note that timescale does not matter when it comes to identifying the driver. The requirement to warn of prosecution does not apply if there was an accident. Therefore failure to serve or timeously serve a Notice of Intended Prosecution may mean that the prosecution cannot obtain a conviction for relevant offences such as dangerous driving, careless driving or speeding (offences which do not require a Notice of Intended Prosecution include drink or drug related driving offences, very serious offences such as causing death by dangerous driving or driving while using a mobile phone). Cases where the NIP has been served late; Cases where the NIP has not been received at all. However it is clear that something of real significance must occur. The 14-Day Rule for Notices of Intended Prosecution I was warned for dangerous driving but am being prosecuted for careless driving, I have received a NIP but the offence was more than 14 days ago, I have received a Notice of Intended Prosecution but know for a fact that my car was off the road. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. You can respond positively to a NIP by providing the needed information, or dispute the You can then argue that there can be no prosecution for the offence to which the notice relates. What is the Maximum Weight You Can Lift at Work? A requirement to identify the driver is a requirement under section 172 of the Road Traffic Act 1988. For example, it does not apply to offences of using a mobile phone while driving.